Medical Malpractice Law Update

Medical Malpractice Law Update

Medical Malpractice Law Update imageMedical Malpractice Law Update: The Florida Supreme Court has determined that the statutory caps on noneconomic damages in medical malpractice cases (F.S. 766.118) violates the Equal Protection Clause of the Florida Constitution.

The Court went on and found that the statutory caps on noneconomic damages under that statute failed the rational relationship test because the arbitrary reduction in compensation without regard to the severity of the injury does not bear a rational relationship to the legislature’s stated interest in addressing the medical malpractice crisis. in their decision the Florida Supreme Court states “there is no evidence of a continuing crisis that would justify the arbitrary application of the statutory cap” North Broward Hospital District v. Kalitan, Opinion filed June 8, 2017.

This means that if someone has sustained injuries as a result of medical malpractice, the amount of damages the injured patient can receive is no longer capped at $500,000.00, or in the cases of catastrophic injuries, death or permanent vegetative state, capped at $1 million.

It permits practitioners to present each case, with each particular impact and set of personal damages and losses to a jury.  A jury may now make an award based solely on the facts of that case, not based on a randomly selected value by our state lawmakers, especially since there was no evidence that such caps reduced the costs and issues associated with medical malpractice premiums.

Read the full opinion of the Florida Supreme Court on this case.

If you have been affected by medical malpractice, our experienced Jacksonville Medical Malpractice attorneys are available for a free consultation. At Harris, Guidi & Rosner, we strive to keep current with case law that impacts our clients directly. We look forward to applying our knowledge to the very personal facts of your case.

Peter Shutters
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